Biometric Data Collection And Big Tech: Imposing Ethical Constraints On Entities That Harvest Biometric Data,
2022
Seattle University School of Law
Biometric Data Collection And Big Tech: Imposing Ethical Constraints On Entities That Harvest Biometric Data, Ian Ducey
Seattle Journal of Technology, Environmental & Innovation Law
Amazon can tell when you are sleeping, when you are awake, and when you are stressed, and they can do it before you may recognize it yourself. At least it will be able to if you decide to buy their newest wearable health monitoring technology. In 2020, Amazon joined Google’s Fitbit and Apple’s Apple Watch in the wearable technology market with the Amazon Halo. A wristband outfitted with a variety of sensors designed to help manage and record health identifiers, including body fat percentage, step tracking, sleep tracking, and now emotional responses. Many companies have begun developing and ...
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers,
2022
University of Massachusetts School of Law
Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan
University of Massachusetts Law Review
For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and ...
Small Business Cybersecurity: A Loophole To Consumer Data,
2022
St. Mary's University School of Law
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the ...
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc.,
2022
University of Cincinnati College of Law
All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor
University of Cincinnati Law Review
No abstract provided.
Consumer Primacy: A Dynamic Model Of Corporate Governance For Consumer- Centric Businesses,
2022
University of California - Irvine
Consumer Primacy: A Dynamic Model Of Corporate Governance For Consumer- Centric Businesses, Sung Eun (Summer) Kim
Utah Law Review
This Article challenges the conventional view that corporate law should principally strive to increase shareholder value, arguing that rather, corporate law should principally strive to ensure consumer satisfaction in consumer-centric businesses. Consumer-centric businesses are defined here as businesses in which consumers occupy a central role in the creation and distribution of corporate value and risks. For example, a consumer of a crowdfunded product does not take shares, but provides capital and product-design feedback during the early and critical stages of the product’s development. A consumer using a ridesharing app makes significant contributions to building the platform and provides real-time ...
Endorsing After Death,
2022
William & Mary Law School
Endorsing After Death, Andrew Gilden
William & Mary Law Review
An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair competition laws. Entities representing Marilyn Monroe, for example, have successfully brought trademark claims for the unauthorized use of Monroe’s name, have successfully brought false endorsement claims under section 43(a) of the Lanham Act, and regularly have promoted products through the Instagram-verified “@marilynmonroe” page. Marilyn Monroe survives ...
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act,
2022
University of Cincinnati College of Law
Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act, Sebastian West
University of Cincinnati Law Review
No abstract provided.
Toxic Promises,
2022
Victoria University of Wellington
Toxic Promises, Shmuel I. Becher, Yuval Feldman, Meirav Furth-Matzkin
Boston College Law Review
Sellers often make manipulative and dishonest claims about their products and services. Such claims, which are more likely to be present in oral interactions, substantially influence consumers’ choices. We term these claims “toxic promises.”
This Article argues that the law currently underestimates, and does not properly respond to, the social harms that toxic promises generate. Insights from behavioral ethics suggest that even ordinary, law-abiding sellers can frequently make such manipulative assertions. At the same time, contracting realities might lead consumers to rely heavily on these toxic promises. When consumers discover that they have been manipulated, it is often too late ...
States And Systemic Risk: An Analysis Of The Dodd-Frank Act's (Un)Cooperative Federalism,
2022
Boston College Law School
States And Systemic Risk: An Analysis Of The Dodd-Frank Act's (Un)Cooperative Federalism, Daniel A. Lyons
Boston College Law School Faculty Papers
The Financial Stability Oversight Council represented an innovative approach to the problem of systemic risk in the American economy. It also represented an innovative form of cooperative federalism. By grafting state regulators onto the Council as nonvoting members, Congress hoped this new federal super-regulator would draw upon a reservoir of state expertise and local knowledge so that the Council’s final decisions reflected a collaborative effort between the nation’s top experts at the federal and state level.
But looking back over the first decade of the Council’s operations, it is clear that this experiment failed to work as ...
The New Bailments,
2022
University of Washington School of Law
The New Bailments, Danielle D’Onfro
Washington Law Review
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of ...
Dismantling The “Black Opticon”: Privacy, Race Equity, And Online Data-Protection Reform,
2022
University of Pennsylvania Carey Law School
Dismantling The “Black Opticon”: Privacy, Race Equity, And Online Data-Protection Reform, Anita L. Allen
Faculty Scholarship at Penn Law
African Americans online face three distinguishable but related categories of vulnerability to bias and discrimination that I dub the “Black Opticon”: discriminatory oversurveillance, discriminatory exclusion, and discriminatory predation. Escaping the Black Opticon is unlikely without acknowledgement of privacy’s unequal distribution and privacy law’s outmoded and unduly race-neutral façade. African Americans could benefit from race-conscious efforts to shape a more equitable digital public sphere through improved laws and legal institutions. This Essay critically elaborates the Black Opticon triad and considers whether the Virginia Consumer Data Protection Act (2021), the federal Data Protection Act (2021), and new resources for the ...
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business and Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business and Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business and Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business and Commercial Law Journal
No abstract provided.
Gamestop And The Reemergence Of The Retail Investor,
2022
University of Pennsylvania Carey Law School
Gamestop And The Reemergence Of The Retail Investor, Jill E. Fisch
Faculty Scholarship at Penn Law
The GameStop trading frenzy in January 2021 was perhaps the highest profile example of the reemergence of capital market participation by retail investors, a marked shift from the growing domination of those markets by large institutional investors. Some commentators have greeted retail investing, which has been fueled by app-based brokerage accounts and social media, with alarm and called for regulatory reform. The goals of such reforms are twofold. First, critics argue that retail investors need greater protection from the risks of investing in the stock market. Second, they argue that the stock market, in term, needs protection from retail investors ...
Eaters, Powerless By Design,
2022
Elisabeth Haub School of Law at Pace University
Eaters, Powerless By Design, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
Food law, including traditional food safety regulation, antihunger programs, and food system worker protections, has received increased attention in recent years as a distinct field of study. Bringing together these disparate areas of law under a single lens provides an opportunity to understand the role of law in shaping what we eat (what food is produced and where it is distributed), how much we eat, and how we think about food. The food system is rife with problems--endemic hunger, worker exploitation, massive environmental externalities, and diet-related disease. Looked at in a piecemeal fashion, elements of food law appear responsive to ...
Eaters, Powerless By Design,
2022
Elisabeth Haub School of Law at Pace University
Eaters, Powerless By Design, Margot J. Pollans
Michigan Law Review
Food law, including traditional food safety regulation, antihunger programs, and food system worker protections, has received increased attention in recent years as a distinct field of study. Bringing together these disparate areas of law under a single lens provides an opportunity to understand the role of law in shaping what we eat (what food is produced and where it is distributed), how much we eat, and how we think about food. The food system is rife with problems— endemic hunger, worker exploitation, massive environmental externalities, and diet-related disease. Looked at in a piecemeal fashion, elements of food law appear responsive ...
Where’S The Beef, Turkey, Butter, Cheese, Or Other Animal Ingredient?,
2022
Wayne State University
Where’S The Beef, Turkey, Butter, Cheese, Or Other Animal Ingredient?, Virginia C. Thomas
Library Scholarly Publications
The author discusses current challenges presented by federal and state labeling laws and standards pertaining to plant-based meat alternative food products.
Monsanto: Creator Of Cancer Liability,
2022
DePaul University
Monsanto: Creator Of Cancer Liability
DePaul Business and Commercial Law Journal
No abstract provided.